{"id":2442,"date":"2024-02-13T08:00:34","date_gmt":"2024-02-13T15:00:34","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-personal-injury\/?page_id=2442"},"modified":"2024-07-31T10:19:13","modified_gmt":"2024-07-31T17:19:13","slug":"arizona-personal-injury-statute-limitations","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-personal-injury\/blog\/arizona-personal-injury-statute-limitations\/","title":{"rendered":"Arizona Personal Injury Statute of Limitations"},"content":{"rendered":"

Introduction<\/h2>\n

When you\u2019re injured or in an accident because of someone else\u2019s negligence, you can take legal action against that person or entity, but only in a certain amount of time. The statute of limitations restricts the amount of time you have to bring legal action, and each state has different time limitations for different areas of law.\u00a0<\/span><\/p>\n

Attempting to take legal action after the statute of limitations has expired can result in your lawsuit being dismissed or the defense successfully winning the case. The statute of limitations also applies to pursuing financial compensation for an injury through legal means.<\/span><\/p>\n

The Arizona statute of limitations for personal injury is generally two years to bring legal action against someone for a personal injury or accident. <\/span>A.R.S. 12-542<\/span><\/a> states that a case should be commenced and prosecuted within two years after the cause of action. However, there are some circumstances to consider when pursuing a personal injury case.<\/span><\/p>\n

When Does the Statute of Limitations Start?<\/h2>\n

The statute for personal injury lawsuits, <\/span>ARS 12-542<\/span><\/a>, states legal action must be taken \u201cwithin two years after the cause of action accrues.\u201d<\/span><\/p>\n

In general, the two-year period begins when the incident \u2013 the accident, injury, or other event \u2013 occurs. Although there are exceptions and ways of lengthening the two-year period, the statute of limitations for personal injury in Arizona generally begins when the accident occurs.<\/span><\/p>\n

If you were injured in a car accident by a company\u2019s semi-truck, for example, you would have two years from that day to take legal action against the driver and the employer.<\/span><\/p>\n

Because there are certain cases that can influence when the two-year period goes into effect, it\u2019s best to discuss your case with an attorney in order to learn more about when exactly your window of opportunity started.<\/span><\/p>\n

If, for example, an injury is hidden until some time after an accident, then it\u2019s possible for the Arizona statute of limitations period to start at the discovery of the injury rather than at the time of the accident.<\/span><\/p>\n

A common example is whiplash. At the time of the accident, you may feel fine and have no physical signs of injury. However, pain from whiplash may arise the next day or a few days later, and the effects can be longer lasting than you might imagine if it leads to chronic pain in the spine. The statute of limitations on<\/span> suing for whiplash<\/span><\/a> can depend on when you discover the injury.<\/span><\/p>\n

Taking Legal Action Quickly<\/h2>\n

Although two years may seem like a long enough time to file a lawsuit, there are many cases in which this time period goes faster than expected. If you\u2019ve suffered serious injuries, for example, then the initial part of that two years may involve medical treatment that prevents you from immediately taking legal action. Of course, your first priority will be to recover from your injury, rather than seeking legal support.<\/span><\/p>\n

Given these circumstances, if you have what you think is a legitimate personal injury case, it\u2019s best to take legal action as soon as possible so you can begin putting the pieces together for a case that can bring you appropriate compensation rather than waiting until it may be too late.<\/span><\/p>\n

Getting a Free Case Review<\/h2>\n

If you\u2019re not sure if you have a case or not, almost all personal injury attorneys offer free case reviews. At JacksonWhite, our personal injury team is led by Jared Everton, who offers free case reviews over the phone or in person.<\/span><\/p>\n

In your review, you\u2019ll give the attorney more information about your potential case, and the attorney will give you a better idea of the strength of your case.<\/span><\/p>\n

In many cases, personal injury attorneys work on contingency, which means they only get paid if you win your case. Instead of paying your legal fees upfront, as is the case with other legal areas, what you end up paying your attorney is based on the settlement he or she receives on your behalf.\u00a0<\/span><\/p>\n

Because of this business model, it\u2019s in the interest of your personal injury attorney to only take on your case if he or she believes it to be a strong case.<\/span><\/p>\n

At JacksonWhite, <\/span>Jared Everton<\/span><\/a> takes extra time to review the details and information on his potential clients\u2019 cases, which allows him to gain more insight into the strength of cases. This approach gives him an extremely high success rate, and he\u2019s helped injury victims throughout Arizona secure settlements for thousands to millions of dollars.<\/span><\/p>\n

Pursuing a Case after Your Case Review<\/h2>\n

When your case review is done, you\u2019ll have a much clearer idea of your potential legal options. Many times, after talking to an attorney, accident victims will find that they simply don\u2019t meet the requirements of having a strong injury case.<\/span><\/p>\n

On the other hand, you may find that you meet all the requirements of a strong case, and you may wish to move forward. You can decide to move forward with the attorney you\u2019ve talked to or continue looking for the right personal injury lawyer for you.<\/span><\/p>\n

In either case, you\u2019re looking for the best possible representation for your injury lawsuit. Some personal injury attorneys specialize in certain areas of injury, such as car accidents or medical malpractice, while others take on general injury cases no matter how they occurred.<\/span><\/p>\n

The important thing is to work with an attorney you\u2019re comfortable with, and one who makes it very clear what to expect from the injury lawsuit process. Your attorney should be easy to communicate with and should answer your questions and concerns along the way.<\/span><\/p>\n

At JacksonWhite, we focus on providing compassionate, aggressive care that takes into consideration our clients\u2019 sensitive circumstances, while pursuing the best potential legal results.<\/span><\/p>\n

Our success rates prove that the combination of compassion and committed legal representation often results in settlements and results that are far beyond our clients\u2019 expectations.<\/span><\/p>\n

Arizona Statute of Limitations for Specific Injuries<\/h2>\n

Although two years is the general rule of thumb for most injury lawsuits, there are shorter times based on specific types of injuries and accidents. If you\u2019re bringing legal action against a government agency or employer, for example, you may have less time to file a claim. In Arizona, formal claims against the state or specific cities must be filed within 180 days.<\/span><\/p>\n

On the other hand, when a minor suffers injuries or an accident, they may have more than two years to file a claim because of the minor\u2019s age.<\/span><\/p>\n

Again, because of the specifics of each injury case, it\u2019s best to discuss your case with an attorney before pursuing any legal action. This can help you determine the best course of action, as well as save time and fees if you don\u2019t have a legal claim.<\/span><\/p>\n

See if You\u2019re Still Covered by the Statute of Limitations<\/h2>\n

If you\u2019ve suffered an accident or injury because of negligence, you could be entitled to financial compensation for your losses. To see if you\u2019re still in the two-year period, consider contacting a personal injury firm to see when your time period began.<\/span><\/p>\n

Most times, your two years will start at the time of the accident, but only an attorney familiar with your case can help determine the exact time your window starts and ends.<\/span><\/p>\n

Two years can go fast, so for accident victims, we highly recommend considering your legal options as soon as possible. A quick phone call is all you need to learn more about the strength of your case, and in the right hands, you\u2019ll know within minutes if you have a legitimate accident claim.<\/span><\/p>\n

Possible Damages You Can Recover from a Personal Injury Lawsuit<\/h2>\n

There are more possible damages that can be eligible for compensation than some people may think. Because a personal injury can disrupt your life, work, and finances, there are many potential damages you can seek as compensation for your struggles.<\/span><\/p>\n

Some of the potential damages you can recover from a personal injury lawsuit include:<\/span>\u00a0<\/span><\/p>\n